Legal Question in Family Law in New York

Affidavit of Service by Mail or in Person?

I received two answers about serving a

Notice of Appearance (pro se) to my

husbands lawyer and need some

clarification. What I understand is that

another person not party (plaintiff or

defendant) to the action and 18 years or

over must serve the papers. That an

Affidavit of Service must accompany the

Notice and both also need to be filed with

the county clerk, and that both ways are

appropriate. Do I have the correct

understanding? And would party include

witnesses, a companion in adultery, or

grown children, who could not serve the

papers, or just be the plaintiff and

defendant?


Asked on 4/05/09, 3:02 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Affidavit of Service by Mail or in Person?

Usually it is just the plaintiff and defendant. However, I would suggest have a totally disinterested NYS adult mail the papers.

Mike.

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Answered on 4/06/09, 10:03 am


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